Child Injuries and Death

November 11, 2024

Do You Own a Golf Cart? Then, You Better Know Tennessee Law

In subdivisions all around Middle Tennessee, you routinely see teenagers driving golf carts with their friends. At lake communities, neighbors use them to get down to the water and to get to the neighborhood get-together. In downtown Franklin, residents use them to go to dinner. And while golf carts are fun, they can be dangerous. And depending upon how you are using them, you could be breaking the law. In fact, Tennessee law has different requirements depending upon the speed capabilities of the vehicle. Read on to learn more about Tennessee law regarding golf carts and how to protect yourself if there is an accident. Continue reading

October 24, 2024

Preventing Pedestrian Accidents

by The Law Offices of John Day, P.C.

Halloween is one week away, and October is Pedestrian Safety Month. That is probably not a coincidence. Of course, pedestrian safety is not just for Halloween or October. The simple truth is that we are all pedestrians. When you drive to Target and get out of your car to walk into the store, you are a pedestrian. When you park in a parking garage in downtown Nashville and then cross the street to go to a Predators game, you are a pedestrian. When you are out for a walk in your neighborhood, you are a pedestrian.

Unfortunately, we have some bad news for all of us. Pedestrian accidents continue to rise. In fact, pedestrian accidents are increasing faster than any other type of traffic death. Almost every hour, a pedestrian is killed in this country and more than 67,000 are injured each year. Read on to learn more about pedestrian accidents and how we can prevent them. Continue reading

August 29, 2024

Back To School for Drivers

by The Law Offices of John Day, P.C.

Middle Tennessee public and private schools are now back in full swing for the new school year. That means students biking and walking to school as well as children boarding and exiting school buses. Drivers have special obligations towards pedestrians, bikers and around school buses. Would you receive a passing grade if quizzed on these rules? Continue reading

July 29, 2024

Would You Settle for Less?

by The Law Offices of John Day, P.C.

Part of our job is to attempt to keep up with what our opponents (the insurance industry and their lawyers) are thinking and doing. One of the many ways we try to do that is by reading insurance industry publications such as Claims Journal. In a recent Claims Journal article, the author interviewed Harish Kapur, CEO of Across America Insurance Services. Mr. Kapur’s comments are nothing new to us, but they are a good reminder to anyone who is considering filing a personal injury or wrongful death claim. Here are three key take-aways:

The insurance companies handle injury claims all day-every day, while this is hopefully your one and only injury claim.

Mr. Kapur bragged about his “crack team of in-house adjusters” and how they “have to know everything about the file.” The insurance adjusters know what information is critical. They know how to ask questions and frame the narrative during a recorded statement. They are trained how to interview witnesses and scour the internet for information on you.

April 24, 2024

Dog Bites and Attacks: Not Always Man’s Best Friend

by The Law Offices of John Day, P.C.

Dogs are often referred to as “man’s best friend”. Apparently, the expression has its origins from an 1870 trial in Missouri, Burden v. Hornsby. Lawyer and senator, George Vest represented a man whose dog, Old Drum, had been shot by a neighbor for allegedly killing the neighbor’s sheep. In his closing arguments, while eulogizing Old Drum, Vest suggested the idea that a dog is man’s best friend.* But unfortunately, that is not always true. In fact, the number of dog bites and dog attacks is increasing. Read on for the surprising statistics and how to prevent dog bites and attacks. Continue reading

February 26, 2024

What Is a Release of All Claims?

by The Law Offices of John Day, P.C.

For Valentine’s Day, I received a gift card for a spa. When I began to book an appointment online for the massage, I was asked to electronically sign a Release of All Claims. Among other things, the Release of All Claims for a massage at this spa stated that if death resulted from the massage, then the spa was not responsible. There were also other excessive provisions. I declined to sign the Release of All Claims, and the spa was kind enough to refund the purchased gift card, but the outrageousness of their request is not particularly isolated. Every day, businesses ask their prospective customers to sign releases before providing services or allowing participation in activities. As such, we thought it would be good to review what exactly is a release of all claims. Continue reading

October 27, 2023

Prevention of Pedestrian Accidents

by The Law Offices of John Day, P.C.

The first person killed as a pedestrian in the United States was Henry Bliss. In 1899, Mr. Bliss had just exited a streetcar when a New York City taxi struck and killed him. More than a century later and despite significant advancements in technology and awareness, pedestrian deaths continue to rise in the U.S.. This seems to be a uniquely US problem according to research by Rutgers University and Virginia Tech. After studying 28 years of data and comparing it to four other countries comparable to U.S. in both affluence and travel, the four other countries substantially outperformed the United States in reducing pedestrian deaths. Read on to learn more about the results and ways you can help to decrease pedestrian accidents. Continue reading

August 18, 2023

Golf Cart Accidents in Tennessee

by The Law Offices of John Day, P.C.

Golf carts are no longer just for golf. If you go to the beach, the lake or even in your own neighborhood subdivision, golf carts are likely to be on the road. In our little area at Tims Ford Lake, 80% of the residents have a golf cart. The Days have resisted the trend in an effort to force ourselves to walk more but we are definitely in the minority. Each year there are approximately 15,000 golf cart injuries. If you own a golf cart or have been injured in a golf cart accident, you should understand some key legal issues. Continue reading

February 8, 2023

Answers to Common Dog Bite and Dog Attack Questions

by The Law Offices of John Day, P.C.

Our award-winning lawyers see a steady flow of dog bite and dog attack cases. Unfortunately, sometimes man’s best friend is a menace. While we have a lot of information on our website (links to pages below), here are some quick answers to other common questions:

Can dog bites be stitched?

This depends upon the damage done by the dog bite. If it is a deep puncture wound, medical professionals may decide to leave the wound unstitched. Placement of drain and antibiotics may be the preferred course of treatment. Other wounds will need to be stitched. The best course of action for anyone who has sustained a dog bite is to seek medical attention and follow the advice of medical professionals.

January 20, 2023

“We’re Not the Suing Family”

by The Law Offices of John Day, P.C.

Kristen Chenoweth, the Emmy and Tony winning actress, has a new book out, and this week she has been giving interviews to promote it. In the interviews, she has talked at length about the serious injuries she sustained in an accident on the set of the television show “The Good Wife.” Lighting equipment on the set fell and hit her causing a fractured skull, a fractured rib and nose, broken teeth and other long-lasting injuries. Chenoweth’s Dad counseled her to get legal representation. She did not. She now regrets it. Here are some things you should think about if you are hurt in an accident and are reluctant to seek legal representation. Continue reading